Chapter 12.40
TRANSPORTATION BENEFIT DISTRICT*

Sections:

12.40.010    Transportation benefit district established.

12.40.020    Governing board.

12.40.030    Purpose of the district.

12.40.040    Authority of the district.

12.40.050    Use of funds.

12.40.060    Dissolution of the district.

12.40.070    Assumption of the Shelton transportation benefit district.

*    Code reviser’s note: Pursuant to Ordinance 1875-111, the city has assumed all rights, powers, functions and obligations of the Shelton transportation benefit district.

12.40.010 Transportation benefit district established.

There is hereby established a transportation benefit district to be known as the city of Shelton transportation benefit district (“district”) with geographical boundaries comprised of the corporate limits of the city of Shelton as they now exist or may hereafter be altered by future annexations. (Ord. 1869-0315 § 1 (part), 2015)

12.40.020 Governing board.

A.    The governing board (“board”) of the district shall be the Shelton city council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW.

B.    Meetings of the district board shall be governed by the procedural rules applicable to meetings of the city council, as these rules may be amended by the council from time to time. District board actions shall be taken in the same manner and follow the same procedure as for the adoption of city resolutions. Meetings of the district board shall, whenever possible, take place on the same dates scheduled for city council meetings.

C.    Any councilmember may serve as the chair of the district board and shall preside over all meetings of the district board.

D.    The city attorney will serve as legal advisor to the district board, except where separate counsel is engaged by the district or the city attorney has a conflict of interest.

E.    The treasurer of the district shall be the city’s director of finance.

F.    The board shall develop a material change policy to address major plan changes that affect project delivery of the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1).

G.    The board shall issue an annual report pursuant to the requirements of RCW 36.73.160(2). (Ord. 1921-0518 (part), 2018; Ord. 1869-0315 § 1 (part), 2015)

12.40.030 Purpose of the district.

The purpose of the district is to improve and protect the city’s long-term investment in its transportation infrastructure, to reduce the risk of transportation facility failure, to improve safety, to avoid more expensive infrastructure replacements in the future, and to reduce congestion or stem the expected increase in congestion created by failing roads. (Ord. 1869-0315 § 1 (part), 2015)

12.40.040 Authority of the district.

A.    The district shall have and may exercise any and all powers and functions provided by Chapter 36.73 RCW to fulfill the purposes of the district, and this chapter of the Shelton Municipal Code shall be liberally construed to permit the accomplishments of the district’s purposes.

B.    The district may impose a vehicle fee as authorized in RCW 2.80.140, and/or a fee or charge in accordance with RCW 36.73.120.

C.    When authorized by the voters pursuant to the requirements of Chapter 36.73 RCW, the district may assess other taxes, fees, charges and tolls or increases in these revenue sources for the improvement, preservation, maintenance and operation of city streets and ways.

D.    The district may issue general obligation bonds or revenue bonds in accordance with the provisions of RCW 36.73.070. (Ord. 1869-0315 § 1 (part), 2015)

12.40.050 Use of funds.

The revenues of the district shall be used for transportation improvements that improve, preserve, maintain and operate existing transportation infrastructure of the city consistent with the requirements of Chapter 36.73 RCW. Expenditures of district revenues shall improve, preserve, maintain and operate the city’s previous investments in transportation infrastructure, reduce the risk of transportation facility failure, improve safety, or reduce congestion or stem the expected increase in congestion created by failing roads. Any change or expansion of these authorized purposes shall be undertaken only after notice, hearing and adoption of an authorizing ordinance in accordance with RCW 36.73.050. (Ord. 1869-0315 § 1 (part), 2015)

12.40.060 Dissolution of the district.

The district shall be automatically dissolved, pursuant to the procedures set forth in Chapter 36.73 RCW, when all the indebtedness of the district has been retired and when all the district’s anticipated responsibilities have been satisfied. (Ord. 1869-0315 § 1 (part), 2015)

12.40.070 Assumption of the Shelton transportation benefit district.

The city hereby assumes all the rights, powers, functions and obligations of the Shelton transportation benefit district and by this action the Shelton transportation benefit district will cease to exist as a separate entity. (Ord. 1875-1115 § 2, 2015)